25-08 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank, Inc. Form No. 30043
Ordinance No.
25-08
Passed
20
AN ORDINANCE APPROPRIATING A 0.141 ACRE, MORE
OR LESS, FEE SIMPLE INTEREST (WITH 0.110 ACRE,
MORE OR LESS, PRESENT ROAD OCCUPIED) AND A
0.071 ACRE, MORE OR LESS, TEMPORARY
CONSTRUCTION EASEMENT FROM S&R PROPERTIES
OF COLUMBUS LLC, LOCATED EAST OF AVERY-
MUIRFIELD DRIVE AND ON THE NORTH SIDE OF POST
ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN,
STATE OF OHIO, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin is preparing to improve Avery-Muirfield Drive and
Post Road in Franklin County; and
WHEREAS, said improvement will require the City of Dublin to obtain a fee simple
interest and temporary construction easement in and to the premises described in the
attached Exhibits "A" and "B" located in the City of Dublin, Franklin County, Ohio.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, ~_ a majority of the elected members concurring that:
Section 1. A fee simple interest and a temporary construction easement in and to the
premises located in the City of Dublin, Ohio, and more fully described in the legal
description attached hereto as Exhibits "A" and "B" is hereby appropriated for the public
purpose of improving Avery-Muirfield Drive and Post Road in Franklin County,
pursuant to Ohio Revised Code Chapter 163 and the Constitution of the State of Ohio.
Section 2. Council hereby fixes the value of the interest appropriated Eleven
Thousand Dollars and No Cents ($11,000.00) which sum shall be deposited with the
Franklin County Common Pleas Court for the use and benefit of the owners of the
property appropriated as their interests may appear. Upon such deposit, the City of
Dublin shall take possession of and enter upon the property pursuant to law.
Section 3. Council finds that the appropriation is necessary for the stated purpose, that
the City has been unable to agree with the owner of the property as to appropriate
compensation, and that the City intends to obtain immediate possession of the property.
Section 4. The City Law Director is directed to file a petition for appropriation in the
Franklin County Common Pleas Court, to have a jury impaneled to assess the
compensation to be paid for the real estate herein described above.
Section 5. This ordinance is hereby declared to be an emergency necessary for the
immediate preservation of the public health, safety and welfare. The reason for such
necessity is that the prompt improvement of Avery-Muirfield Drive and Post Road in
Franklin County is necessary to improve traffic circulation and relieve traffic congestion
for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect.
Passed this ~~~ /- day of , 2008.
Mayor -Presiding Officer
ATTEST:
Clerk of Council
~SCHOTTENSTEIN
ZOX~LDUNN ,
ME,~IORAND UM
TO: Dublin City Council
Jane S. Brautigam, City Manager
FROM: Paul A. Hammersmith, PE, Director of Engineering/City Engineer
Stephen J. Smith, Law Director
DATE: April 17, 2008
RE: Ordinance No. 25-08 -The S&R Properties of Columbus, LLC Property
Avery-Muirfield Drive and Post Road Project
INTRODUCTION
This Ordinance is a follow-up to the Resolution passed by Council at the April 7, 2008 meeting.
By way of background, the Resolution authorized the City to pursue all the necessary legal
requirements to review the possible appropriation of the S&R Properties of Columbus, LLC
Property. The purpose of this Ordinance is to authorize the Law Department to pursue an
eminent domain action in the appropriate Court of Common Pleas if through good faith
negotiations the City cannot settle with the landowner.
PROJECT BACKGROUND:
The City is undertaking a road improvement project on Avery-Muirfield Drive and Post Road.
The project is a modern two-lane roundabout at the intersection of Avery-Muirfield Drive and
Post Road. Traffic will be maintained on Avery-Muirfield Drive during the construction, which
is scheduled for June 2008.
This project requires the acquisition of a `~rartial take" (the purchase of a portion of the parcel for
right-of--way) from multiple property owners on either Avery-Muirfield Drive or Post Road.
This memorandum discusses the partial take from S&R Properties of Columbus, LLC - a 0.141
acre, more or less, fee simple interest for right-of--way (with 0.110 acre, more or less, present
road occupied) and a 0.071 acre, more or less, temporary easement. There are additional
ordinances before Council concerning other property involved in this project. The remaining
property owners are the following: 6805 Avery-Muirfield Drive, LLC; Avery Shops, LLC;
Central Ohio Property Management, LLC; and Williams Development, LTD.
ACQUISITION DETAILS:
The Law Department engaged an appraiser to complete valuation reports in regards to the
acquisition. The appraisal is complete and the appraiser has determined the fair market value of
the take to be $11,000.00. Additionally, the Law Department engaged M/E Companies (Mr.
Memo to Council re Ordinance 25-48 - S&R Properties of Columbus
April 17, 2448
Page 2 of 2
James Howard} to negotiate the acquisition with the landowner. Mr. Howard has presented the
offer of compensation to S&R Properties of Columbus, LLC. S&R Properties of Columbus,
LLC has not accepted the offer. Therefore, an agreement cannot be reached. As such, we
prepared this Ordinance authorizing the City, through the legal department, to proceed with
litigation in which the compensation to the landowner will be determined.
RECOMMENDATION:
The Law Department recommends approval of Ordinance No. 25-48.
25-08
AN ORDINANCE APPROPRIATING A 0.141 ACRE, NTORE
OR LESS, FEE SIMPLE INTEREST (WITH 0.110 ACRE,
MORE OR LESS, PRESENT ROAD OCCUPIED) AND A
0.071 ACRE, MORE OR LESS, TEMPORARY
CONSTRUCTION EASEMENT FROM S&R PROPERTIES
OF COLUMBUS LLC, LOCATED EAST OF AVERY-
MUIRFIELD DRIVE AND ON THE NORTH SIDE OF POST
ROAD, CITY OF DUBLIN, COUNTY OF FRANKLIN,
STATE OF OHIO, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin is preparing to improve Avery-Muirfield Drive and
Post Road in Franklin County; and
WHEREAS, said improvement will require the City of Dublin to obtain a fee simple
interest and temporary construction easement in and to the premises described in the
attached Exhibits "A" and "B" located in the City of Dublin, Franklin County, Ohio.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, a majority of the elected members concurring that:
Section 1. A fee simple interest and a temporary construction easement in and to the
premises located in the City of Dublin, Ohio, and more fully described in the legal
description attached hereto as Exhibits "A" and "B" is hereby appropriated for the public
purpose of improving Avery-Muirfield Drive and Post Road in Franklin County,
pursuant to Ohio Revised Code Chapter 163 and the Constitution of the State of Ohio.
Section 2. Council hereby fixes the value of the interest appropriated Eleven
Thousand Dollars and No Cents ($11,440.40) which sum shall be deposited with the
Franklin County Common Pleas Court for the use and benefit of the owners of the
property appropriated as their interests may appear. Upon such deposit, the City of
Dublin shall take possession of and enter upon the property pursuant to law.
Section 3. Council fords that the appropriation is necessary for the stated purpose, that
the City has been unable to agree with the owner of the property as to appropriate
compensation, and that the City intends to obtain immediate possession of the property.
Section 4. The City Law Director is directed to file a petition for appropriation in the
Franklin County Common Pleas Court, to have a jury impaneled to assess the
compensation to be paid for the real estate herein described above.
Section ~. This ordinance is hereby declared to be an emergency necessary for the
immediate preservation of the public health, safety and welfare. The reason for such
necessity is that the prompt improvement of Avery-Muirfield Drive and Post Road in
Franklin County is necessary to improve traffic circulation and relieve trafl"ic congestion
for the citizens of Dublin. Therefore, this ordinance shall go into immediate effect.
Passed this day of 2008.
Mayor -Presiding Officer
ATTEST:
Clerk of Council
EXHIBIT
Page 1 of 1
PARCEL S & R PROPERTIES OF
COLUMBUS, LLC WD
Post Rd
Version Date 03-13-07
CITY OF DUBLIN
RIGHT OF WAY ACQUISITION
FROM
S & R PROPERTIES OF COLUMBUS, LLC
Situated in the City of Dublin, County of Franklin, State of Ohio lying in V.M.S. 2999 and being
a part of a 1.107 acre parcel of land as conveyed to S & R Properties of Columbus, LLC, and
described in Instrument 200502030021012 of the Franklin County Recorder's Office.
Beginning, for reference on a PK nail found at the intersection of the centerlines of Post Road,
60 feet in width, and Avery-Muirfield Drive;
Thence N 88°54'45"E a distance of 249.30 feet along the center line of Post Road to a railroad
spike found, same being the southwest corner of said Grantor's 1.107 acres tract and being also
the TRUE POINT OF BEGINNING;
Thence N O1°34'52"E a distance of 40.04 feet along the Grantor's westerly line, passing a 3/a"
I.D pipe found set in concrete at 30.03 feet in the existing northerly right-of--way line of Post
Road to an iron pin set;
Thence N 88°54'45"E a distance of 154.74 feet across the Grantor's lands along a new line 40
feet north of as measured by right angle and parallel with the centerline of Post Road to an iron
pin set in the Grantor's east line;
Thence S 04°20'34"W a distance of 40.18 feet along the Grantor's east line, passing the
northerlyright-of--way line of Post Road at 10.05 feet to a PK nail set in the centerline of Post
Road, same also being the southeast corner of said Grantor's land;
Thence S 88°54'45"W a distance of 152.80 feet along the Grantor's south boundary line and
along the centerline of Post Road, passing a iron pin found at 40.39 feet to the TRUE POINT
OF BEGINNING.
The above described area contains 0.141 Acres within the Franklin County Auditor's Parcel
Number 273-000886, of which 0.110 acres lays within the existing road right-of--way. Grantor
claims title by Instrument 200502030021012, in the records of Franklin County, Ohio. A
drawing of this description is attached hereto and made a part hereof.
Iron pins indicated set are 5/8" x 30" rebars with cap stamped "Dodson, 6446, Burgess & Niple".
This description was prepared by Walter Allen Dodson, Professional Surveyor No. 6446, Ohio,
and was based upon actual surveys of the premises performed in July, 2006, through March,
2007, and upon available public records. Bearings used in this description are based on Ohio
State Plane Coordinates, South Zone, NAD1983 (1986 adjustment), and are for the
determination of angles only, with the centerline of Post Road being held as S88°54'45"W.
Walter A. Dodson, P.S. 6446, Ohio
Burgess & Niple, Inc.
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EXHIBIT
8
Page 1 of 1
PARCEL
Version Date
CITY OF DUBLIN
TEMPORARY EASEMENT
FROM
S & R PROPERTIES OF COLUMBUS, LLC
S & R PROPERTIES OF
COLUMBUS, LLC T
Post Rd
03-13-07
Situated in the City of Dublin, County of Franklin, State of Ohio lying in V.M.S. 2999 and being
a part of a 1.107 acre parcel of land as conveyed to S & R Properties of Columbus, LLC, and
described in Instrument 200502030021012 of the Franklin County Recorder's Office.
Beginning, for reference on a PK nail found at the intersection of the centerlines of Post Road,
60 feet in width, and Avery-Muirfield Drive;
Thence N 88°54'45"E a distance of 249.30 feet along the centerline of Post Road to a railroad
spike found, same being the southwest corner of said Grantor's 1.107 acres tract of land;
Thence N O1°34'52"E a total distance of 40.04 feet along the Grantor's westerly line, passing a
3/a" I.D pipe found set in concrete at 30.03 feet in the northerly right-of--way line of Post Road to
an iron pin set and the TRUE POINT OF BEGINNING;
Thence continuing N O1°34'52"E a distance of 20.02 feet along the Grantor's westerly line to a
point;
Thence N 88°54'45"E a distance of 155.71 feet across the Grantor's land along a new line 60
feet north of as measured by right angles and parallel with the centerline of Post Road to a point
in the Grantor's east line;
Thence S 04°20'34"W a distance of 20.09 feet along the Grantor's east line to an iron pin set;
Thence S 88°54'45"W a distance of 154.74 feet across the Grantor's land along a new line 40
feet north of as measured by right angles and parallel with the centerline of Post Road to the
TRUE POINT OF BEGINNING.
The above described area contains 0.071 Acres within the Franklin County Auditor's Parcel
Number 273-000886. Grantor claims title by Instrument 200502030021012, in the records of
Franklin County, Ohio. A drawing of this description is attached hereto and made a part hereof.
Iron pins indicated set are 5/8" x 30" rebars with cap stamped "Dodson, 6446, Burgess & Niple".
This description was prepared by Walter Allen Dodson, Professional Surveyor No. 6446, Ohio,
and was based upon actual surveys of the premises performed in July, 2006, through March,
2007, and upon available public records. Bearings used in this description are based on Ohio
State Plane Coordinates, South Zone, NAD1983 (1986 adjustment), and are for the
determination of angles only, with the centerline of Post road being held as S88°54'45'W.
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Walter A. Dodson, P.S. 6446, Ohio
Burgess & Niple, Inc.
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CITY OF DUBLIN
V.M.S 2999 AND V.M.S 3010, FRANKLIN COUNTY, OHIO
WYNN & JUDY HOLLINGSHEAD
I O.R. 32212 G17 I
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V.M.S. 3010
V.M.S. 2999
CENTRAL OHIO PROPERTY
MANAGEMENT, LLC
INST. #200605020081803
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3/4" I.D. Pipe in Concrete
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W N01'34'52"E
L~ 40.04' ~
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~ 249.30
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~ P.O.C
Q 0.141 Acres
P.O.C
TEMP ESM'T
LEGEND
O Monument Found
OR
Railroad Spike Found
RS
O,~ PK NAIL Found
~~'~ PK NAIL SET
Os Iron Pin Found
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Iron Pin Set - 5/8" x 30" rebar set with
s plastic I.D. cap: "DODSON 6446"
( ) parenthesis indicates record dimension
if different than measured.
P.o.B -Point Of Beginning
P.o.c -Point Of Commencement
POST ROAD
res
P.
I do hereby certify that this plat was based upon actual
of the premises performed in July, 2006, through March
and upon avoilable public records. Bearings used in this.
ore based on Ohio State Plane Coordinates, SouthZone,
(1986 adjustment), and ore for the determination of anf
with, the centerline of Post Road being held as 588'54'4
l~ `7 1
Wolter Allen Dodson PS 6446, Ohio
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GERALD E. FOGLE
INST. #200210170261275
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S04'20'34"W
~ 40.18'
S & R PROPERTIES
~, OF COLUMBUS, LLC
6344 POST RD
PID: 273-000886
1.107 Acres ~
Inst. #200502030021012 ~*
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N88'54'45"E 155.71'
Temporary Easement
0.071 Acres
~~ N88'S4'4,~,"F 154.,x,4'
0.141 Acres
(P.R.O =0.110 Acres)
S88'54'45"W ~ 152_80'
39'